Elleray v Rail Corporation NSW [2017] NSWCA 23

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Elleray v Rail Corporation NSW [2017] NSWCA 23 Hearing dates: 17 February 2017 Date of orders: 17 February 2017 Decision date: 21 February 2017 Before: Ward JA; Payne JA Decision: Leave to appeal is refused with costs. Catchwords: PROCEDURE - application for leave to appeal – findings of trial judge based on credit – claim below statutory threshold – whether leave to appeal should be granted Legislation Cited: Civil Procedure Act 2005 (NSW), s 60 District Court Act 1973 (NSW), s 127 Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), ss 231, 100 Cases Cited: Baira v RHG Mortgage Corporation Limited [2012] NSWCA 387 Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 8 State of New South Wales v Ibbett (2006) 229 CLR 638 The Age Company Ltd v Liu [2013] NSWCA 26 Category: Principal judgment Parties: David John Elleray (Applicant) Rail Corporation New South Wales (Respondent) Representation: Counsel: L D Robison (Applicant) Mrs M Hamdan (Respondent)

Solicitors: John Stonham & Co Lawyers (Applicant) Hicksons (Respondent) File Number(s): CA 2016/00280634; 2016/00016610 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of NSW Date of Decision: 18 December 2015 Before: Scotting DCJ File Number(s): 2013/343924